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I hereby authorize Solrev to charge my credit card that was provided in-studio or online via solrev.com or the Solrev mobile app listed on file in lieu of presenting it for any services, retail items, packages or memberships upon my request.
Membership Terms and Agreement
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This Client Coaching Agreement (“Agreement”) is entered into as of the purchase date by and between the Company and the Client. The Company and the Client may be collectively referred to as the “Parties” and individually as a “Party.”
Services:
The Client hereby engages the Company to provide personal health and fitness services (the “Services”), and the Company agrees to provide and render such Services to the Client through the Company, an affiliate of the Company, any successors and assigns of the Company and/or Company affiliate, and/or through any one of the foregoing’s members, managers, employees, independent contractors, agents, and/or representatives (the “Company Representatives”), all subject to the terms and conditions set forth in this Agreement.
Billing:
In consideration of the Company’s rendering of the Services, the Client authorizes the Company to charge the Client either as a lump sum or a recurring monthly fee for the membership selected at the time of purchase (the “Membership”). The Client acknowledges that the amount billed
Termination of Services. The Client shall have the right to terminate this Agreement upon prior written notice in accordance with Section 11(g) and as set forth in Florida Statute 501.017. The Company reserves the right, in its sole discretion, to terminate the Client’s access to the Services, Content, and/or Platform, without notice. However, no refunds, whether full or partial, shall be issued for any reason, unless agreed to in writing by the Company, in the Company’s sole discretion, or as set forth in Florida Statute 501.017. Any termination shall be effective immediately upon such written notice and result in termination of the Services, Content, and Platform, though the following shall survive any such termination in perpetuity:
the covenant set forth in Section 4,
the Contributed Content License set forth in Section 6 (and the respective representatives, warranties, and covenants associated therewith),
the Assumption of Risk, Release, Waiver, & Consent Agreement set forth in Section 7 and Exhibit A,
the Video, Photo, & Appearance Rights Release Form set forth in Section 8 and Exhibit B,
the Disclaimers and release set forth in Section 9, and
the indemnification and limitation of liability set forth in Section 10.
Intellectual Property Notice. All photographs, videos, graphics, logos, design elements, text, programs, data, code, user interfaces, and any other material provided to or made available to the Client (collectively, the “Content”) via the Company’s website, app, social media pages and/or accounts, email, communication (including any Company blog, forum, or chatroom), and/or the Company Representatives (collectively, the “Platform”) are owned, controlled, and/or licensed by and/or to the Company and is protected by trade dress, copyright, patent, trademark, and various other intellectual property rights and unfair competition laws. As such, the Client covenants and agrees that no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other individual, legal entity, computer, server, website, or other medium for publication or distribution or for any commercial purpose, without the Company’s prior written consent.
Limited License. In furtherance of the Services, the Client is granted a limited, personal, non-transferable, non-sublicensable, revocable license to the Services, Content, and Platform for the Client’s personal use subject to the restrictions set forth in Section 4 (the “Limited License”). The Limited License shall terminate immediately upon termination pursuant to Section 3.
Contributed Content. The Client is solely responsible for all photographs, videos, graphics, logos, design elements, text, and any other material submitted, uploaded, or made available to a Company Representative via the Platform (including any comments, feedback, or ideas sent to a Company Representative) ("Contributed Content") and (i) represents and warrants it owns and controls all rights to the Contributed Content, (ii) grants the Company Representatives a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, perpetual, worldwide license and right to use (including commercial use), copy, reproduce, republish, upload, post, publicly display, transmit, distribute, or otherwise make available the Client’s Contributed Content (the “Contributed Content License”), and (iii) expressly covenants and agrees not to submit, upload, or make available any Contributed Content which:
infringes another’s trade dress, copyright, patent, trademark, or other intellectual property right or unfair competition law,
contains, or links to, any “spam” or harmful, disruptive, or destructive software, data, file, or code, and/or
is false, misleading, defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory, or is otherwise objectionable or illegal in the Company’s sole discretion.
Any breach of the foregoing may result in termination, in the Company’s sole discretion, pursuant to Section 3.
Assumption of Risk, Release, Waiver, & Consent Agreement. Such Assumption of Risk, Release, Waiver, & Consent Agreement is attached to this Agreement as Exhibit A and incorporated into this Agreement as if fully set forth herein.
Video, Photo, & Appearance Rights Release Form. Such Video, Photo, & Appearance Rights Release Form is attached to this Agreement as Exhibit B and incorporated into this Agreement as if fully set forth herein.
Disclaimers. The following shall collectively be referred to as the “Disclaimers”. By using the Services, Content, and Platform, the Client understands and agrees:
Results
Disclaimer: Every individual is different and the rate and/or amount of weight loss and/or muscle gain will vary from person to person. No content or contributed content of another showing before-and-after pictures or testimonials guarantees results.
Nutrition
Disclaimer: Certain or all Company Representatives may not be registered dieticians. Any nutritional services, content, program, guidance, and/or information given by any Company Representative is not meant to be used: as a substitute for any advice, consultation, and/or treatment with a medical doctor and/or registered dietician; to prescribe medications or supplements; to treat any medical or clinical condition or any symptoms of a medical or clinical condition; to diagnose a medical or clinical condition; and for anything other than informational purposes.
Pregnancy
Disclaimer: Any prenatal or post-pregnancy services, content, program, guidance, and/or information given by any Company Representative is not meant to be used: as a substitute for any advice, consultation, and/or treatment with a medical doctor; and for anything other than informational purposes.
Affiliation
Disclaimer: The Company and/or the Company Representatives may have affiliate relationships with certain companies which may be discussed throughout the term of this Agreement via any content or on any platform. The Client’s use of any such products or services from these affiliates or interactions with the affiliates, including payment and delivery of goods or services, and any other terms, conditions, covenants, warranties, or representations associated with such dealings and/or transactions, are solely between the Client and such affiliates. The Client shall make whatever investigation the Client feels is necessary or appropriate before proceeding with any such dealing and/or transaction. If there is a dispute between the Client and an affiliate, the Client understands and agrees that neither the Company nor any Company Representatives shall: be under any obligation to become involved in such dispute or become liable with respect to any such dispute.
Warranties
Disclaimer: The services, content, and platform provided by any Company Representatives are provided on an "as is" basis. The Company expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of performance, course of dealing, or usage in trade. Without limiting the foregoing, the Company does not represent or warrant that the services, content, and/or platform are accurate, complete, reliable, current, error-free, and/or free of harmful, disruptive, or destructive software, data, file, or code. Services, content, contributed content of another, and/or guidance and/or information by a Company Representative should never override the advice from the Client’s doctor and/or registered dietician.
To the maximum extent permitted by applicable law, the Client hereby forever, irrevocably, and unconditionally releases, waives, relinquishes, discharges from liability, and covenants not to sue any Company Representative from any and all past, present, and future claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees and expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (“Claim(s)”), related to or arising, directly or indirectly, from any Disclaimer set forth in this Section 9.
Indemnification & Limitation of Liability. The Client shall defend, indemnify, and hold harmless the Company and the Company Representatives from and against any and all Claims related to or arising, directly or indirectly, from the Client’s (i) breach of this Agreement or any of the Exhibits (ii) breach of any other terms, conditions, or covenants to which the Client is subject, including, but not limited to, those contained on the Platform (collectively, the “Terms of Use”), (iii) violation of any applicable law, (iv) use of the Company’s Services, Content, and/or Platform, (v) failure to obtain and seek from the Client’s doctor medical clearance to use the Company’s Services, Content, and/or Platform, (vi) failure to inform and advise the Client’s doctor regarding any side effect(s) and risks(s) the Client experiences, and/or (vii) failure to adhere to the advice, recommendations, and/or treatments of the Client’s doctor and/or registered dietician.
IN THE EVENT ANY CLAIM RELEASED AND WAIVED WITHIN THIS AGREEMENT, THE EXHIBITS, AND/OR THE TERMS OF USE IS BROUGHT BY THE CLIENT, OR ASSERTED ON THE CLIENT’S BEHALF, THE CLIENT OR CLIENT’S REPRESENTATIVE AGREES TO AND SHALL IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND THE COMPANY REPRESENTATIVES FROM SUCH CLAIM. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW A RELEASE AND WAIVER OF CLAIMS AND/OR LIMITATION OF DAMAGES, THE CLIENT ACKNOWLEDGES AND AGREES THAT THE COMPANY’S AND/OR THE COMPANY REPRESENTATIVE’S ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE CLIENT TO THE COMPANY (LESS ANY CREDITS, REFUNDS, COUPONS, PROMOTIONS, OR THE LIKE) DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY SUCH CLAIM.
General Provisions.
Headings. The headings and captions used herein are for reference purposes only and have no legal effect on the interpretation of this Agreement.
Waiver. The failure, delay, or negligence in one or more instances of a Party to insist upon performance of any of the terms, conditions, and covenants set forth in this Agreement, the Exhibits, or the Terms of Use, or to exercise any of its right or privilege conferred by this Agreement, the Exhibits, or the Terms of Use, shall not be construed as waiving that Party’s right to insist upon the performance of such terms, conditions, and covenants or its right to exercise such rights and privileges. Further, a Party’s agreeance, in writing, to waive performance of any of the terms, conditions, and covenants set forth in this Agreement, the Exhibits, or the Terms of Use, or to waive its right to exercise any of its rights or privileges conferred by this Agreement, the Exhibits, or the Terms of Use, shall not constitute a continued waiver thereof.
Severability. If any term, condition, or covenant of this Agreement, the Exhibits, or the Terms of Use, are held by a court or government agency of competent jurisdiction to be illegal, void, or unenforceable, it is the Parties’ intent that such term, condition, or covenant be reduced in scope by such court or government agency only to the extent necessary to render such term, condition, or covenant legal and enforceable and in line with the Parties’ intention thereunder. Further, the remainder of the Agreement, Exhibits, and Terms of Use shall in no way be affected, impaired, or invalidated as a result and shall remain in full force and effect.
Remedies Cumulative. Except as provided to the contrary herein, the Parties’ rights and remedies shall be cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude that Party’s exercise of any other right or remedy under this Agreement, the Exhibits, or the Terms of Use, at law, or in equity.
Entire Agreement. This Agreement, together with its Exhibits and the Terms of Use, set forth the entire understanding of the Parties regarding the Services, Content, and Platform. This Agreement, together with its Exhibits, may only be altered in writing by both Parties. Any Terms of Use may be modified by the Company at any time, with or without notice to the Client, in the Company’s sole discretion. As such, it is recommended the Client periodically review the Terms of Use to stay informed of any such modifications.
Governing Law & Legal Fees. This Agreement, together with its Exhibits and the Terms of Use, shall be construed in accordance with the laws of the State of Florida. The Parties agree that any dispute arising out of this Agreement, the Exhibits, or the Terms of Use shall be litigated solely in the United States District Court in or nearest Maitland, Florida. The prevailing Party in any such suit shall be reimbursed its reasonable costs, including attorney fees, by the non-prevailing Party.
Notice. Any notice required or contemplated pursuant to this Agreement, its Exhibits, and/or the Terms of Use shall be in writing and shall be delivered by (i) email or (ii) overnight mail by a nationally recognized service. Notices, demands, and/or communications to each Party shall be sent to the email addresses and/or physical addresses provided under each Party’s signature block or via such other email address and/or physical address as provided in writing by one Party to the other Party after the date of this Agreement.
Counterparts & Electronic Signature. This Agreement and/or its Exhibits may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. The Parties agree that a signed copy of this Agreement and/or its Exhibits executed and/or delivered by email or other means of electronic transmission (including Adobe, DocuSign, etc.), shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement and/or its Exhibits.
Representation. The Client acknowledges and agrees that (i) the Client fully understands the right to discuss all aspects of this Agreement, its Exhibits, and the Terms of Use with legal and personal advisors and counsel of the Client’s choice, (ii) to the extent desired, the Client has done so, (iii) the Client has carefully read and fully understand all of the provisions of this Agreement, its Exhibits, and the Terms of Use, and (iv) the Client has voluntarily entered into this Agreement, its Exhibits, and the Terms of Use.
No Construction Against Drafter. Given the foregoing, no term, condition, or covenant of this Agreement, its Exhibits, or the Terms of Use shall be construed against or interpreted to the disadvantage of the Company by any court or governmental agency of competent jurisdiction by reason of the Company having drafted such term, condition, or covenant.
Florida Statute 501.017. Florida Statute 501.017 requires Client acknowledgement of the following terms. To the extent this Agreement conflicts with the below, the below shall control solely with respect to such conflict.
Florida Statute
The Client is entitled to the penalty-free cancellation of this Agreement within three (3) days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the Company, and a refund of all monies paid under the Agreement, except that the Company may retain an amount computed by dividing the number of complete days in the Membership term, or if appropriate, the number of occasions the Services are to be rendered into the total Membership price and multiplying the result by the number of complete days that have passed since the making of the Agreement or, if appropriate, by the number of occasions that the Company rendered Services. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation.
The Client is entitled to the cancellation and refund of the Agreement if the location of the Company goes out of business, or moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the Client.
The Client’s notice of his/her intent to cancel shall be given in writing to the Company which shall also automatically terminate the Client’s obligation to any entity to whom the Company has subrogated or assigned the Client’s Agreement. If the Company wishes to enforce such Agreement after receipt of the notice, it may request the Florida Department of Agriculture & Consumer Services to determine the sufficiency of the notice.
If the Florida Department of Agriculture & Consumer Services determines that a refund is due to the Client, the refund shall be an amount computed by dividing the Membership price by the number of weeks in the Membership term and multiplying the result by the number of weeks remaining in the Membership term. The location of the Company shall not be deemed out of business when temporarily closed for repair and renovation of the premises: upon sale, for not more than 14 consecutive days or during ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. A refund will be issued within thirty (30) days after receipt of the notice of cancellation.
The Client is advised to contact the Florida Department of Agriculture & Consumer Services for information within sixty (60) days should the Company go out of business.
The Agreement may be cancelled if the Client dies or becomes physically unable to avail himself or herself of a substantial portion of the Services which he or she used from the commencement of the Agreement until the time of disability, with a refund of funds paid or accepted in payment of the Agreement in an amount computed by dividing the Membership price by the number of weeks in the Membership term and multiplying the result by the number of weeks remaining in the Membership term. The Client or the Client’s estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the Agreement by the Client shall be established if the Client furnishes to the Company a certification of such disability by a physician licensed under Chapter 458, 459, 460, or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation.
The initial Agreement shall not exceed thirty-six (36) months and thereafter shall only be renewable annually. A renewal Agreement may not be executed and the fee therefore paid until sixty (60) days or less before the preceding Agreement expires.
If the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio will provide the buyer with the means of such identification.
ASSUMPTION OF RISK, RELEASE, WAIVER, & CONSENT AGREEMENT
I. OVERVIEW
A. About
solrev, LLC (the “Company”) provides personal health and fitness services (the “Services”) via the Company’s in-person studio, website, app, social media pages and/or accounts, email, communication (including any Company blog, forum, or chatroom), and/or the Company Representatives (collectively, the “Platform”).
The Services are provided by the Company, an affiliate of the Company, any successors and assigns of the Company and/or Company affiliate, and/or through any one of the foregoing’s members, managers, employees, independent contractors, agents, and/or representatives (the “Company Representatives”) to the Client, subject to the terms and conditions set forth in the Client Coaching Agreement (the “CCA”).
B. Side Effects & Risks
As with any health and fitness services, use of the Company’s Services and/or following any Content or contributed content of another available via the Platform has inherent risks, including, but not limited to:
discomfort
soreness
faintness
dizziness
shortness of breath
pain
injuries
bleeding
decapitation
death
C. Use
Before starting the Services, it is crucial you inform your doctor about the Services and receive medical clearance to participate in such Services and/or prior to making any changes in your diet, nutrition, and/or lifestyle.
During the Services, it is crucial you inform your doctor, the Company, and your Company Representative about any side effect(s) and risks(s) you are experiencing, whether or not the same has been listed above. The Client should never disregard advice from the Client’s doctor based on any of the Company’s Services, Content, contributed content of another, and/or any of the guidance and/or information by a Company Representative.
II. ASSUMPTION OF RISK
I ACKNOWLEDGE AND AGREE THAT MY USE OF THE SERVICES, CONTENT, AND PLATFORM IS VOLUNTARILY AND RECOGNIZE THAT THERE ARE FORESEEABLE RISKS, INCLUDING, BUT NOT LIMITED TO, THE SIDE EFFECTS & RISKS LISTED ABOVE IN ARTICLE I, AS WELL AS UNFORESEEABLE RISKS DIRECTLY AND INDIRECTLY RELATED TO MY USE OF THE SERVICES, CONTENT, AND PLATFORM WHICH THE COMPANY HAS NO CONTROL OVER (COLLECTIVELY, THE “RISKS”). I UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED AND ACKNOWLEDGE THAT ANY INJURIES I SUSTAIN AS A RESULT OF SUCH RISKS MAY BE COMPOUNDED BY ANY EMERGENCY RESPONSE OR RESCUE OPERATIONS OF A COMPANY REPRESENTATIVE.
I REPRESENT HAVING INFORMED MY DOCTOR REGARDING USE OF THE SERVICES AND COVENANT TO CONTINUE TO INFORM MY DOCTOR, THE COMPANY, AND MY COMPANY REPRESENTATIVE REGARDING ANY CHANGES TO MY PHYSICAL AND/OR MENTAL CONDITION, INCLUDING, BUT NOT LIMITED TO, ANY RISKS (COLLECTIVELY, THE “CHANGES”). I ASSUME ALL RESPONSIBILITY FOR UPDATING MY DOCTOR, THE COMPANY, AND MY COMPANY REPRESENTATIVE WITH RESPECT TO ANY CHANGES AND REPRESENT, WARRANT, AND COVENANT THAT UNTIL I DO SO, I AM IN GOOD PHYSICAL AND MENTAL CONDITION AND DO NOT SUFFER FROM ANY KNOWN ILLNESS, DISABILITY, AND/OR CONDITION WHICH WOULD PREVENT OR LIMIT USE OF THE SERVICES. TO THE EXTENT I AM UNAWARE OR UNSURE OF MY PHYSICAL AND/OR MENTAL CONDITION, I ACKNOWLEDGE AND UNDERSTAND THAT THE COMPANY RECOMMENDS I SEEK MEDICAL ADVICE FROM MY DOCTOR PRIOR TO STARTING THE SERVICES AND ASSUME ALL RESPONSIBILITY FOR DOING SO.
III. RELEASE FROM LIABILITY & WAIVER
For and in consideration of the Services, Content, and Platform, the receipt and sufficiency of which is hereby acknowledged, to the maximum extent permitted by applicable law, I hereby forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue the Company, any affiliate of the Company, any successors and assigns of the Company and/or Company affiliate, and/or any one of the foregoing’s members, managers, employees, independent contractors, agents, and/or representatives (each a “Released Party") from any and all past, present, and future claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees and expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (“Claim(s)”), related to or arising, directly or indirectly, from (i) my use of the Company’s Services, Content, and/or Platform, (ii) the condition, maintenance, and inspection, of any materials, products, tools, equipment, and/or Content used in the provision of the Services, (iii) any Risks, including, but not limited to, injuries or complications resulting from diagnosed and/or undiagnosed medical conditions impacted and/or aggravated from or by use of the Services and/or following any Content or contributed content of another available via the Platform, (iv) the Disclaimers set forth in the CCA, and/or (v) the acts or omissions of Company or any other Released Party, including, without limitation, any claim for negligence, failure to warn or other omission, personal injury, emotional injury, illness, bodily harm, paralysis or death, even if the Claim arises from the carelessness or negligence of any Released Party.
IV. LIMITATION OF LIABILITY
FOR AND IN CONSIDERATION OF THE SERVICES, CONTENT, AND PLATFORM, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, IN NO EVENT SHALL THE COMPANY OR A RELEASED PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED, BE IT BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, THE EGGSHELL PLAINTIFF DOCTRINE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, CONTENT, OR PLATFORM (THE “DAMAGES”), EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY DESPITE ANY BREACH BY THE COMPANY OR A COMPANY REPRESENTATIVE.
IN THE EVENT ANY CLAIM AND/OR DAMAGES RELEASED AND WAIVED HEREIN IS BROUGHT BY ME, OR ASSERTED ON MY BEHALF, I (OR MY REPRESENTATIVE) AGREE TO AND SHALL IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH RELEASED PARTY FROM SUCH CLAIM AND DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW A RELEASE AND WAIVER OF CLAIMS AND/OR LIMITATION OF DAMAGES, I ACKNOWLEDGE AND AGREE THAT THE COMPANY’S AND/OR COMPANY REPRESENTATIVE’S ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY ME TO THE COMPANY (LESS ANY CREDITS, REFUNDS, COUPONS, PROMOTIONS, OR THE LIKE) DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY SUCH CLAIM AND/OR DAMAGE.
V. CONSENT
I acknowledge that I have carefully read this Acknowledgement of Risk, Release, Waiver, & Consent Agreement (the “Agreement”), have been given ample time to review it and fully understand its contents, and have had all questions answered fully and to my satisfaction. I am aware that by signing this Agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against any Released Party. Given the foregoing, I understand I may consult with an attorney prior to signing this Agreement and using the Services, Content, and/or Platform and, to the extent desired, I have done so and am voluntarily and knowingly agreeing to the terms, conditions, covenants, and representations and warranties stated herein.
VIDEO, PHOTO, & APPEARANCE RIGHTS RELEASE FORM
For and in consideration of the Services, Content, and Platform provided by solrev, LLC (the “Company”) pursuant to the Client Coaching Agreement (the “CCA”), the receipt and sufficiency of which is hereby acknowledged, I:
I. GRANT OF RIGHTS
Grant to the Company, any affiliate of the Company, any successors and assigns of the Company and/or Company affiliate, and/or any one of the foregoing’s members, managers, employees, independent contractors, agents, and/or representatives (the “Company Representatives”), the irrevocable and unrestricted right and permission to (collectively, the “Rights”):
photograph and/or film me,
to use, (including commercial use), copy, reproduce, republish, upload, post, publicly display, transmit, distribute, or otherwise make available any and all photographs, video recordings, and/or sound recordings of me or in which I may be included, in whole or in part, without restriction as to changes or alterations, in any and all media now or hereafter known (including, but not limited to, via the Company’s website, app, social media pages and/or accounts, email, communication (including any Company blog, forum, or chatroom), and/or the Company Representatives (collectively, the “Platform”)), for illustration, promotion, editorial, advertising, or any other purpose whatsoever (the “Media”), and
to copyright such Media, reproductions of such Media, and/or derivatives of such Media in the Company’s own name or otherwise.
II. ACKNOWLEDGEMENT & WAIVER OF RIGHTS
Acknowledge that:
I may be identified by my legal name, fictitious name, social media name, and/or social media handle in conjunction with the media of me and consent to all Company Representatives’ use of my name, likeness, and/or any biographical material concerning me in connection with such media.
I am hereby waiving any right that I may have to inspect or approve the finished product of the media, or other matter that may be used in connection therewith or the use to which it may be applied.
The Company and the Company Representatives will rely on this Video, Photo, & Appearance Rights Release Form (the “Release”), potentially at substantial cost to it, and hereby agree, to the maximum extent permitted by applicable law, to forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue any Company Representative from any and all past, present, and future claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees and expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (“Claim(s)”), related to or arising, directly or indirectly, from:
the Rights and/or
any and all Claims that I may have for libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any other right, and/or for any injury or harm suffered by me arising out of or relating to my appearance (including, but not limited to, any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced with respect to the media).
The Rights and Release shall survive termination of the Services, Content, and Platform under the CCA.
I:
have carefully read this Release,
have been given ample time to review it and fully understand its contents,
have had all questions answered fully and to my satisfaction,
am aware that by signing this Release, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against the Company and any Company Representative,
may consult with an attorney prior to signing this Release and using the Services, Content, and/or Platform and, to the extent desired, I have done so and am voluntarily and knowingly agreeing to the terms, conditions, covenants, and representations and warranties stated herein.
Signature
Solrev
200 N Swoope Ave
Maitland, FL 32751
© 2024 Solrev, LLC
Aligned Acknowledgement
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